O'Connell v City of New York

O'Connell v City of New York 2007 NY Slip Op 05571 [41 AD3d 328] June 26, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

Thomas O'Connell et al., Appellants,
v
City of New York, Respondent.

—[*1] Law Offices of George David Rosenbaum, New York (Joshua R. Kopelowitz and Jay J. Massaro of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York (Deborah A. Brenner of counsel), for respondent.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered April 18, 2006, which, insofar as appealable, denied plaintiffs' motion to renew a prior order, same court and Justice, entered June 10, 2005, denying plaintiffs' motion to restore action to a prenote of issue calendar, unanimously affirmed, without costs.

Plaintiffs fail to provide any justification why the newly submitted evidence—a case status report that needed only to be filled out and mailed back to the court, and a letter from plaintiffs' then-attorney stating that the case status report was completed and enclosed—was not submitted on the original motion (CPLR 2221 [e] [3]). Concur—Sullivan, J.P., Buckley, Gonzalez, Sweeny and Kavanagh, JJ.